Court of Appeal judge admits concern at “tortuous” process following fact-finding hearing in care proceedings but dismisses appeal – Local Government Lawyer

Posted February 1st, 2023 in appeals, care orders, child cruelty, children, families, local government, news by sally

‘A Court of Appeal judge has dismissed a mother’s appeal in care proceedings, despite expressing a number of concerns “about the prolonged and tortuous process that followed the fact-finding hearing”.’

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Local Government Lawyer, 31st January 2023

Source: www.localgovernmentlawyer.co.uk

Judge finds threshold met on facts before the Court despite all parties considering it was not – Local Government Lawyer

Posted January 27th, 2023 in care orders, children, families, fostering, local government, news by sally

‘A High Court judge has found the threshold was crossed for the making of a care order for a 14-year-old girl, despite all parties thinking it was not met.’

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Local Government Lawyer, 27th January 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal confirms s20 voluntary accommodation agreements can be used for settled long-term placements – Local Government Lawyer

Posted January 19th, 2023 in care orders, children, local government, news by tracey

‘The Court of appeal has allowed two appeals which concerned the interplay between care orders and the voluntary accommodation of children under section 20 of the Children Act 1989.’

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Local Government Lawyer, 18th January 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal makes “unusual order” allowing appeal over refusal to make person party to care proceedings – Local Government Lawyer

‘The Court of Appeal has allowed an appeal over a Family Court judge’s refusal of an application by an appellant non-relative, Mr B, to become a party to care proceedings.’

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Local Government Lawyer, 10th January 2023

Source: www.localgovernmentlawyer.co.uk

Deputy High Court judge calls for non-means assessed legal aid for parents involved in deprivation of liberty proceedings – Local Government Lawyer

‘There is a compelling case for parents involved in deprivation of liberty proceedings to be treated the same as respondents in care proceedings when it comes to the provision of legal aid, a Deputy High Court Judge has said.’

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Local Government Lawyer, 24th October 2022

Source: www.localgovernmentlawyer.co.uk

High Court judge approves unregistered placement for teenage girl with “nowhere else to go” – Local Government Lawyer

‘A Family Division judge has directed that a teenage girl at risk of suicide should be moved from hospital to a placement even though the latter is unregistered and the provider could be at risk of legal action by Ofsted.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

Seeking Leave to Oppose the Making of an Adoption Order – Becket Chambers

Posted October 24th, 2022 in adoption, care orders, chambers articles, children, families, family courts, news by sally

‘Following the conclusion of Care proceedings and where a child has been placed for adoption, a parent may only oppose the making of an adoption order with leave of the court. A parent’s application seeking leave of the court will have two stages. Firstly, the court needs to be satisfied, on the facts, that there has been a change of circumstances within section 47(7) Adoption and Children Act 2002 (“the 2002 Act”). Secondly, if there has been such a change, the court will then need to consider the application of section 1 of the 2002 Act to the facts of the case with the paramount consideration of the court being the child’s welfare throughout their life.’

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Becket Chambers, 19th October 2022

Source: becket-chambers.co.uk

Case commentary in finding of fact hearing – By Mollie Briggs – Park Square Barristers

Posted October 20th, 2022 in care orders, children, doctors, evidence, expert witnesses, news by sally

‘The case involved a fact-finding hearing where the local authority applied for care orders in respect of two children, after the youngest child sustained significant brain injuries following a fall from the father’s arms whilst he was holding the child and picking up the older sibling.’

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Park Square Barristers, 18th October 2022

Source: www.parksquarebarristers.co.uk

Court of Appeal to hear child’s ‘failure to remove’ claim under the Human Rights Act – Local Government Lawyer

‘The Court of Appeal has agreed to hear an appeal of a claim that Worcestershire County Council and Birmingham City Council both failed to remove a boy (AB) from the care of his mother.’

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Local Government Lawyer, 23rd September 2022

Source: www.localgovernmentlawyer.co.uk

Realistic care options without magic wands: CV (A Child) (Placement Order) [2022] EWCA Civ 930 – Becket Chambers

‘This article considers the successful appeal of a first instance case in which a final placement order was made in respect of a young child with complex medical needs.’

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Becket Chambers, 10th August 2022

Source: becket-chambers.co.uk

Foreign convictions are admissible as evidence in family proceedings, Court of Appeal holds – Local Government Lawyer

‘The Court of Appeal has ruled that foreign judicial findings or convictions that are relevant to a person’s suitability to care for children may be used as evidence in family proceedings.’

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Local Government Lawyer, 8th August 2022

Source: www.localgovernmentlawyer.co.uk

Judge dismisses bid by council for unadmitted allegations to be tried, saying it would be “deplorable waste of resources” – Local Government Lawyer

‘A Family Court judge has dismissed a local authority’s application for un-admitted allegations to be tried, saying he could not see any upside in allowing that to happen.’

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Local Government Lawyer, 1st August 2022

Source: www.localgovernmentlawyer.co.uk

Questions over use of ‘psychological experts’ in parental alienation cases – The Guardian

‘Mothers are having their children taken away by court-appointed “psychological experts” who are unregulated and do not have the necessary qualifications, the Association of Clinical Psychologists UK has warned.’

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The Guardian, 12th June 2022

Source: www.theguardian.com

Supreme Court to rule next week on appellate courts, proportionality assessments and care orders – Local Government Lawyer

‘The Supreme Court will next week (15 June) hand down its ruling on whether, when an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, it is necessary for the appellate court to undertake its own proportionality assessment of that decision.’

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Local Government Lawyer, 9th June 2022

Source: www.localgovernmentlawyer.co.uk

Off into the Somerset – Local Government Lawyer

‘The President of the Family Division has issued new guidance on remedying breaches of the Adoption Agency Regulations 2005. Jess Purchase sets out the key points.’

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Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

Children law cases and parents with learning disabilities – Local Government Lawyer

‘Eleanor Suthern reports on a recent Family Court ruling where a judge considered the international elements of the case and also gave guidance on proceedings involving a parent with a learning disability.’

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Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

Re H [2022]EWFC 10: Guidance in Learning Disability Cases – Transparency Project

‘The Good Practice Guidance for working with parents with a learning disability was first published in 2007 by the Department of Health / Department for Education and Skills. Fifteen years and two revisions later, awareness of it remains patchy. In Re H [2022] EWFC 10 (19 January 2022), where the mother’s learning disability was a central feature of the case, the children’s social worker admitted that she was unfamiliar with the Guidance.’

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Transparency Project, 26th April 2022

Source: transparencyproject.org.uk

Judge gives guidance on care cases where parent has learning disability – Local Government Lawyer

‘A Family Court judge has given guidance on care cases where a parent has a learning disability, after deciding that a 17-month-old boy known as Child H should be the subject of a care order pending adoption because of his parents’ inability to care for him.’

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Local Government Lawyer, 7th April 2022

Source: www.localgovernmentlawyer.co.uk

Profit making private providers of children’s care & breaches of Article 5 – Garden Court Chambers

‘For anyone concerned with the human rights of children AB (A Child: human rights) 2021 EWFC B100 is an essential read. The case concerned a 12-year-old boy, AB, who was placed under interim public law orders in foster care and then care homes run by Horizons Care Ltd. For several months, whilst awaiting a final hearing, AB had had his liberty restricted in a residential unit called Mill Cottage, in breach of his Article 5 rights.’

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Garden Court Chambers, 4th April 2022

Source: www.gardencourtchambers.co.uk

Two new cases where parents try to stop adoptions – Transparency Project

‘This post is about two recent judgments with a similar theme – attempts by birth parents to stop an adoption going through, on the legal basis of caselaw interpretation of the Adoption and Children Act 2002 that their circumstances had changed and that the original welfare decision and plan therefore need reconsidering. One, Re D, is a decision on leave to apply to revoke placement orders and the second, Re A and B, is a decision on opposing adoption orders. This means that the children in Re D are not yet living with prospective adopters, although the children in Re A and B are.’

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Transparency Project, 20th March 2022

Source: www.transparencyproject.org.uk